I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

08^th AUGUST, 2025

ANTICIPATORY BAIL APPLICATION NO. 388 OF 2025

Manish Joshi ..... Applicant

Versus

State of Uttarakhand and others ..…Respondents

Counsel for the Applicant : Mr. Vikas Anand, Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder.

Nos.1 and 2

Counsel for the Informant/ : Mr. S.K. Mandal, Advocate.

Victim

Hon’ble Alok Kumar Verma,J.

The present Application has been filed by the

applicant – Manish Joshi seeking anticipatory bail in Case Crime No.60 of 2025, registered at Police Station Mukhani, District Nainital under Sections 69, 351(2) and Section 352

of the Bharatiya Nyaya Sanhita, 2023.

2. According to the First Information Report dated 02.03.2025, the informant and the applicant were neighbors. The applicant established physical relations with the informant on several occasions on the basis of false

promise of marriage.

applicant, Mr. Pradeep Lohani, learned Brief Holder for the

informant/ victim.

4. Mr. Vikas Anand, Advocate, for the applicant, contended that the applicant is an educated person. The informant had proposed to marry the applicant, but, the applicant knew that his parents would not agree for their marriage because their castes are different. The applicant had from the very inception informed her that since their castes are different, his parents are not in favour of their marriage. Applicant had never entered into physical relations with her with any intention to cheat her. He has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, interim bail was granted to the applicant on 22.04.2025 and the conditions of the interim bail have not been violated by him.

5. Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. S.K. Mandal, learned counsel for the informant/ victim have opposed the anticipatory bail application.

6. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 22.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Manish Joshi, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) Applicant shall not leave the country without the previous permission of the trial court.

8. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

___________________ ALOK KUMAR VERMA, J.

Dt: 08.08.2025 Pant/